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SHC restrains customs officials from taking any action against M/s Ali Oil Trading Company

SHC restrains customs officials from taking any action against M/s Ali Oil Trading Company

KARACHI: The Sindh High Court (SHC) restrained customs officials and passed an order that no coercive action in pursuance of auction notice against the petitioner on account of pendency of appeal before tribunal on a constitutional petition filed by M/s Ali Oil Trading Company

On 13 October 2021, a two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Faisal Agha heard the matter.

After the hearing, the court also directed the SHC office to tag the above mentioned constitutional petition with other related matters.

During the hearing, counsel for the petitioner stated that being aggrieved and dissatisfied with the order passed by the customs appellate tribunal at Karachi in customs appeal no K-7548/2021, whereby an application for stay of the auction proceedings preferred by the petitioner was dismissed.

He argued that Chief Collector of Customs Enforcement vide order in original dated September 13, 2021 passed against the shipping agent, without issuing any show cause notice to the petitioner has confiscated the consignment of while spirit applied by the petitioner.

Citing Chief Collector of Customs Enforcement, Assistant Collector of Customs Auction, Secretary Revenue Division and Secretary Finance as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, unlawful and has no legal effect.

Petitioner further pleaded the court to set aside the impugned order dated September 23, 2021 announced by customs appellate tribunal and restrain them from auctioning of petitioner’s consignment till final judgment in this petition.